74R12679 CLG-D
By Luna S.B. No. 133
Substitute the following for S.B. No. 133:
By McDonald C.S.S.B. No. 133
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to distribution of and fees charged by health care
1-3 providers or health care facilities for certain medical or mental
1-4 health records.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 161, Health and Safety Code, is amended
1-7 by adding Subchapter M to read as follows:
1-8 SUBCHAPTER M. MEDICAL OR MENTAL HEALTH RECORDS
1-9 Sec. 161.201. DEFINITION. In this subchapter, "health care
1-10 provider" means a person who is licensed, certified, or otherwise
1-11 authorized by the laws of this state to provide or render health
1-12 care in the ordinary course of business or practice of a
1-13 profession.
1-14 Sec. 161.202. FEES. (a) A health care provider or health
1-15 care facility may not charge a fee for a medical or mental health
1-16 record requested by a patient or former patient, or by an attorney
1-17 or other authorized representative of the patient or former
1-18 patient, for use in supporting an application for disability
1-19 benefits or other benefits or assistance the patient or former
1-20 patient may be eligible to receive based on that patient's or
1-21 former patient's disability, or an appeal relating to denial of
1-22 those benefits or assistance under:
1-23 (1) Chapter 31, Human Resources Code;
1-24 (2) the state Medicaid program;
2-1 (3) Title II, the federal Social Security Act, as
2-2 amended (42 U.S.C. Section 401 et seq.);
2-3 (4) Title XVI, the federal Social Security Act, as
2-4 amended (42 U.S.C. Section 1382 et seq.); or
2-5 (5) Title XVIII, the federal Social Security Act, as
2-6 amended (42 U.S.C. Section 1395 et seq.).
2-7 (b) A health care provider or health care facility may
2-8 charge a fee for the medical or mental health record of a patient
2-9 or former patient requested by a state or federal agency in
2-10 relation to the patient or former patient's application for
2-11 benefits or assistance under Subsection (a)(1), (2), (3), or (4) or
2-12 an appeal relating to denial of those benefits or assistance.
2-13 (c) A person, including a state or federal agency, that
2-14 requests a record under this section shall include with the request
2-15 a statement or document from the department or agency that
2-16 administers the issuance of the assistance or benefits that
2-17 confirms the application or appeal.
2-18 Sec. 161.203. DISTRIBUTION OF RECORDS. A health care
2-19 provider or health care facility shall provide to the requestor a
2-20 medical or mental health record requested under Section 161.202 not
2-21 later than the 30th day after the date on which the provider or
2-22 facility receives the request.
2-23 Sec. 161.204. APPLICATION OF OTHER LAW. This subchapter
2-24 controls over Section 611.0045 and Section 5.08(k), Medical
2-25 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
2-26 any other provision that authorizes the charging of a fee for
2-27 providing medical or mental health records.
3-1 SECTION 2. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.